N.Y. General Business Law § 834: Sale of whipped cream chargers

§ 834. Sale of whipped cream chargers. 1. For purposes of this

section, the term "whipped cream charger" shall mean a steel cylinder or

cartridge filled with nitrous oxide (N2O) that is used as a whipping

agent in a whipped cream dispenser.

2. No person, corporation, partnership, limited liability company,

firm or any other business entity doing business within this state shall

sell or offer for sale a whipped cream charger to any person under the

age of twenty-one.

3. Any person, corporation, partnership, limited liability company,

firm, or other business entity doing business within the state selling,

offering for sale, or distributing whipped cream chargers shall require

proof of legal age prior to allowing an individual to purchase or

receive a shipment of whipped cream chargers. Such identification need

not be required of any individual who reasonably appears to be at least

twenty-five years of age, provided, however, that such appearance shall

not constitute a defense in any proceeding alleging the sale or

distribution of whipped cream chargers to an individual under twenty-one

years of age.

4. Any person, corporation, partnership, limited liability company,

firm or any other business entity that violates the provisions of this

section shall be subject to a civil penalty of not more than two hundred

fifty dollars for an initial offense and not more than five hundred

dollars for the second and each subsequent offense.